# C_2016068EN.01000801.xml

| 22.2.2016 | EN | Official Journal of the European Union | C 68/8 |
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22.2.2016

EN

Official Journal of the European Union

C 68/8

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Judgment of the Court (First Chamber) of 23 December 2015 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — Gebhart Hiebler v Walter Schlagbauer

(Case C-293/14) (1)

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((Reference for a preliminary ruling - Directive 2006/123/EC - Scope ratione materiae - Activities which are connected with the exercise of official authority - The trade of chimney sweep - Fire safety regulation tasks - Territorial restriction of the licence to trade - Service of general economic interest - Necessity - Proportionality))

(2016/C 068/10)

Language of the case: German

Referring court

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Parties to the main proceedings

Applicant: Gebhart Hiebler

Applicant:

Defendant: Walter Schlagbauer

Defendant:

Operative part of the judgment

Operative part of the judgment

| 1. | Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market must be interpreted as covering, in all respects, the pursuit of a trade, such as the trade of chimney sweep as described in the main proceedings, even though that trade entails the performance not only of private economic activities but also of fire safety regulation tasks. |
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1.

Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market must be interpreted as covering, in all respects, the pursuit of a trade, such as the trade of chimney sweep as described in the main proceedings, even though that trade entails the performance not only of private economic activities but also of fire safety regulation tasks.

| 2. | Articles 10(4) and 15(1), (2)(a) and (3) of Directive 2006/123 must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which limits, in all respects, a license to trade as a chimney sweep to a particular geographical area, if that legislation does not seek to attain, in a consistent and systematic manner, the objective of public health protection, which is a matter to be determined by the national court.
  Article 15(4) of Directive 2006/123 must be interpreted as not precluding such legislation where fire safety regulation tasks are classified as tasks connected with a service of general economic interest, provided that the territorial restriction imposed is necessary and proportionate to the performance of those tasks under economically viable conditions. It is for the national court to carry out that assessment. |
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2.

Articles 10(4) and 15(1), (2)(a) and (3) of Directive 2006/123 must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which limits, in all respects, a license to trade as a chimney sweep to a particular geographical area, if that legislation does not seek to attain, in a consistent and systematic manner, the objective of public health protection, which is a matter to be determined by the national court.

Article 15(4) of Directive 2006/123 must be interpreted as not precluding such legislation where fire safety regulation tasks are classified as tasks connected with a service of general economic interest, provided that the territorial restriction imposed is necessary and proportionate to the performance of those tasks under economically viable conditions. It is for the national court to carry out that assessment.

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(1)  OJ C 303, 8.9.2014.

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